Previous Actions on the Site: There are no previously related planning applications for this property.

On June 20, 2003, the property owner requested a Tree Removal Permit for the removal of the Deodar Cedar over 38 inches in circumference. (Please refer to Attachments #4 for photographs of the trees.) On June 26, 2003, the City Arborist inspected the tree at the site and recommended denial of the application for removal of the tree. The Director of Community Development concurred with the Arborist’s recommendation and notified the applicant of the decision on July 17, 2003. The applicant has appealed the denial of the Tree Removal Permit.

A Class 4 Categorical Exemption relieves this project from California Environmental Quality Act provisions and City Guidelines. Class 4 Categorical Exemptions include minor alterations of land.

On December 12, 1991, the Tree Preservation Ordinance was established in order to preserve mature trees of significant size. Chapter 19.94 of the Sunnyvale Municipal Code defines a protected tree as a tree with circumference equal to or greater than 38 inches when measured four feet above the ground. A Tree Removal Permit must be obtained prior to the removal of a protected tree from private property in any zoning district.

The applicant has requested removal of the tree believing that the tree has become a potential hazard and a nuisance to the property owners. The applicant bases this belief on several issues. First, the tree produces large amounts of pollen which covers the car and obscures the windshield. Second, the tree drops numerous pine cones and needles that create an unsafe walking environment on the sidewalk. The needles drop on a daily basis and the applicant can no longer maintain them. Finally, the tree regularly drips sap on the car and the walkways, which has become a maintenance issue. (Please refer to the letters in Attachment 5 for additional details.)

The decision to deny the Tree Removal Permit was based upon the required findings for tree removal, which are provided in Attachment 1.

The City Arborist and Planning Staff visited the site and determined that the tree is healthy and does not represent a hazard to people, structures or other trees. The tree appears to be in stable and undamaged condition, despite a series of severe storms that passed through the area this past winter. In addition, there is no evidence that the tree is diseased or that the roots are causing any significant damage to the surrounding driveway or walkway areas.

The City Arborist and Staff also determined that needles falling from the tree do not represent a hazard for the property owner. Although their accumulation in the rain gutters and on the rooftop may cause maintenance problems if not addressed, the needles require only routine preventive maintenance in order to mitigate the condition. Similarly, for the walkways and sidewalks, only routine maintenance is required to keep the needles from becoming a pedestrian hazard.

Title 19 (Zoning Code) does not provide findings related to a tree being found to be hazardous to automobiles. The code specifies only hazards to structures, people, or other trees. Staff found that the applicant could address the issue of sap dropping on their car in several ways, including: parking their car in the covered garage, parking on the other side of the driveway, or by using a thicker car cover that would not allow sap to penetrate through the material. The City Arborist recommends pruning of the tree’s branches where they overhang the driveway and drop sap.

The City Arborist states that Deodar Cedars throughout Sunnyvale have experienced an increased in sap dripping over this past year. This condition is due to a proliferation of aphids in the area. The aphids feed on the new needle buds and the trees respond by producing excessive sap. The Arborist recommends a soil treatment for the tree that will significantly decrease the presence of the aphids. This treatment works for approximately one year and is relatively inexpensive. (See Attachment 6, Soil Treatment Information, for additional details.)

Staff found that the Cedar is not restricting the owner’s use of the property since the tree is not causing any serious detrimental effects to the front yard area. The property owner still has the opportunity to maintain the formally landscaped front yard without removing the existing tree. The City Arborist has recommended pruning or thinning of branches in order to allow greater sunlight to penetrate the area.

The Deodar Cedar is a highly visible feature in this neighborhood. Removal of this tree would have a detrimental effect on the overall streetscape since it is such a significant presence on the street.

If the Planning Commission can make a finding to approve the Tree Removal Permit, Staff recommends a Condition of Approval that the tree must be replaced with a minimum 15-gallon tree somewhere on the property and within 90 days of the removal date (see Attachment 2).

• Findings and General Plan Goals are located in Attachment 1.
• Conditions of Approval are located in Attachment 2.

No fiscal impacts are expected.

1. Deny the appeal and uphold the denial of a Tree Removal Permit.
2. Grant the appeal and approve the Tree Removal Permit subject to the Conditions of Approval.

3. Grant the appeal and approve the Tree Removal Permit subject to modified Conditions of Approval.

Alternative 1.

Prepared by:

Steve Lynch
Project Planner

Reviewed by:

Fred Bell
Principal Planner

Reviewed by:

In order to grant a Tree Removal Permit, one or more of the following findings must be met. Staff is unable to make these required findings.

1. The tree is diseased or badly damaged.

The subject tree is not diseased or damaged, and it is in good health.

2. The tree represents a potential hazard to people, structures or other trees.

The City Arborist inspected the site and the subject tree, and observed that the tree does not present any potential hazard to people, structures or other trees. The City Arborist has recommended root barriers and root trimming to minimize any impact of the tree on adjacent structures.

3. The tree is in basically sound condition, but restricts the owner’s ability to enjoy the reasonable use or economic potential of the property, or unreasonably restricts an adjoining property owner’s use or economic potential of the adjoining property. In the event this is the sole basis for the application, the following criteria shall be used to evaluate the application under this subsection:

1. The necessity of the requested removal to allow construction of improvements such as additions to existing buildings or incidental site amenities or to otherwise allow economic or reasonable enjoyment of property;
2. The topography of the land and the effect of the requested action on water retention and diversion or increased flow of surface water;
3. The approximate age of the tree relative to its average life span;
4. The potential effect of removal on soil erosion and stability where the tree is located;
5. Current and future visual screening potential;
6. Any other information the Director of Community Development finds pertinent to the application.

Staff believes that this tree is not restricting the reasonable use or economic potential of the property. The removal of the subject tree would not have a significant impact on water retention, diversion, increased flow of surface water, soil erosion or stability. The tree is approximately 40-50 years old and has a remaining life expectancy of 20 to 30 years.

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In addition to complying with all applicable City, County, State and Federal Statutes, Codes, Ordinances and Resolutions, the Permittee expressly accepts and agrees to comply with the following Conditions of Approval.

1. One replacement tree, a minimum of 15 gallons in size, shall be planted on the property or an in-lieu fee of $162.00 shall be paid to the City to allow a tree to be planted in a City park or other public property for each tree approved for removal.

2. The replacement trees shall be planted within 90 days from the removal of the tree. If the in-lieu fee is chosen, the fee shall be paid prior to removal of the tree.